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equita baliffs

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Comments

  • hook
    hook Posts: 236 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    i paid the £131 online this morning and no levy has been done only the one letter the bailiff has been caling this morning i didnt anwer phone he just left a message saying he was coming i just text him and said i paid
  • king100
    king100 Posts: 1,565 Forumite
    hook wrote: »
    i paid the £131 online this morning and no levy has been done only the one letter the bailiff has been caling this morning i didnt anwer phone he just left a message saying he was coming i just text him and said i paid

    You need to pay the £24.50 for the 1st and only visit when he dropped off the letter to the council.

    Pay that to the council as all they will do is pay the fees from what you have paid them.

    Write and email the council with the payment ref number stating that you dispute the fees and have taken this up with the bailiff, as you have only had the one letter/one visit proof so all they are entitled to is a 1st visit fee, until they prove otherwise.

    The bailiff will huff and puff concerning his fees and is more than likely to turn up today to try and add someomore from what you have done.

    Pay the £24.50 1st visit fee to council, as also state that the matter is closed from your view point.
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    It appears that now all you owe is the bailiffs first letter fee. I agree with the others pay that and that's it (at the moment).
    Whose name is the council tax bill in? If the bill is in your name only and the car is not in your name it should be safe, however until you officially get the bailiffs off your back - move the car several blocks away.
    Do not under any circumstances let the bailiffs in to your house. The person you spole to at the council sounded worse than useless - the council are responsible for the conduct of the bailiffs and the bailiffs are not allowed to charge what they like -the charges are set out - although that does not mean that the bailiffs always follow the rules so you have to make sure you are clued up and that they do not take advantage of you.
    Best of Luck
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • hook
    hook Posts: 236 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    thankyou for all your advise i have just now paid the £24.50 and sent westminister my ref number i recieved a voicemaill this morning from the bailiffs saying they are on there way i text him and told him i have paid my bill and as yet not heard back from him.
  • RAS
    RAS Posts: 36,156 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    hook

    As one bailiff told and OP on here when challeneged about illegal fees; "it a fair cop"

    I suspect the bailiff has worked out that you are challenging the fees and have taken advice.
    If you've have not made a mistake, you've made nothing
  • king100
    king100 Posts: 1,565 Forumite
    Hook

    From now on I suggest you make a report of any calls from bailiff and any visits, incluse times and dates.

    This is so to that if he should try it again, and claim you owe more in fees you can state that account and fees were paid at this time. So LO has been cleared and you turn up 1hr later so you cannot charge.
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 10 June 2011 at 1:10PM
    hook wrote: »
    debtadvice said i should call the council as equita are working on their behalf. council just said again that as far as their concerned equita can charge as much as they like and its nothing to do with them


    Its a pity you didn't get the name of the numpty that told you that or ask him to confirm in writing that this is council policy it gets right up my nose when councils say this

    what council are you dealing with

    Legislation sets bailiff fees for council tax debt

    bailiffs are governed by The distress for rent rules 1988 (regardless of whether its council tax or a PNC)

    Fees charges and Expenses of the above regulations state

    10 No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these Rules.

    The rules in this case being The council tax (Administration and Enforcement ) regulations 1992(Amended ) regulation 45(b) schedule 5 charges connected with distress


    A For making a visit to premises with a view
    to levying distress (where no levy is
    made) i) where the visit is the first or only such
    visit £24.50
    ii) where the visit is the second such
    visit: £18
    B For levying distress:
    In head B of the Table to paragraph 1, “the relevant amount” with respect to a levy
    means-
    (a) where the sum due at the time of the levy does not exceed £100, £24.50
    (b) where the sum due at the time of the levy exceeds £100, 24.5 per cent on the first
    £100 of the sum due, 4 per cent on the next £400, 2½ per cent on the next £1,500,
    1 per cent on the next £8,000 and ¼ per cent on any additional sum;
    and the sum due at any time for these purposes means so much of the amount in
    respect of which the liability order concerned was made as is outstanding at the time
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • king100
    king100 Posts: 1,565 Forumite
    Hi ya Hallowitch

    Maybe worth a call to said council yourself just to see if they say the same think. Get name and complain, that would be funny.
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • hook
    hook Posts: 236 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    should have took his name but i never trust these people to give me the right one anyway... i did say to him this call is recorded isnt it. he just said it will cost you to get a copy
  • hook
    hook Posts: 236 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    just come back from a weekend away and so far so good.. no more letters or text messages from bailiff so it looks like it done the trick thankyou everyone who gave me advice....i will take it further with the council about their attitude and have written a letter of complaint also wrote to my local counciler.
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